Searching For Clues As To What Killed Maryland Same Sex Marriage Measure; Proponents Of Marriage Equality Now Need New Strategy

The Baltimore Sun attempts to conduct a post-mortem on the bafflingly death Friday of the Maryland same sex marriage measure, which only last month passed the state Senate and seemed certain to become law. Opponents of same sex marriage say the House's decision not to vote on the bill seals its fate through the remainder of the legislators' four year term, and predict that the move will have an impact on lawmakers in other states now considering whether to allow same sex couples to marry. "This was a big victory," said Brian Brown, president of the National Organization for Marriage. "We were told that this is a done deal, same sex marriage will pass. If you look back a few months ago, I don't think anyone would have predicted this." Proponents of same sex marriage now profess they underestimated the impact of the November election on the makeup of the House. Six Democrats, including five who had supported same-sex marriage, lost or gave up their seats. Advocates also did not anticipate the mass mobilization of black churches, which began preaching against the legislation and urging parishioners to contact their lawmakers. Taken together, those factors helped split the 141-member House, proponents and opponents both say the legislation was within a vote or two of passage; the chamber's Democratic leaders sent the bill back to committee on Friday rather than forcing members to take what would have a politically difficult vote. Advocates say they will use the next nine months to convince the dozen or so delegates who are ambivalent in the hope of attempting passage again in 2012. While polls have indicated more public support for civil unions than for same sex marriage, advocates say they will continue to fight for what they call marriage equality. Delegate Maggie McIntosh (Democrat-Baltimore), the most senior of the legislature's openly gay members, says she is able to locate hope in defeat. McIntosh had a speech prepared for the House debate but could not deliver it because she was in tears. "This is a year I will always celebrate," she said afterward, adding that the supportive speeches she heard from colleagues Friday convinced her that many accept her identity. "I'm just so overwhelmed. It is not an issue that is going away." But Brian Brown disagrees, saying that proponents seek to create a "myth" that same sex marriage is "inevitable and the dominoes are falling." And as evidence against inevitability, Brown points to 31 states where voters have rejected same marriage since 1998. Still, he concedes, NOM will continue to "be vigilant" in Maryland. Next year appears to be the last best opportunity for same marriage in Maryland, for a time. Passage after 2012 would likely draw a repeal effort on the 2014 ballot, when lawmakers are up for re-election. It is thought that some would want to avoid association with the controversial issue. On the day before the House was to vote, Brown's organization pledged $1 million to help defeat any Republican who supported same sex marriage, and, conversely, to assist any Democrat who opposed it. In fact, House leaders say they expected the chamber's 43 Republicans to vote as a bloc against the bill. Previously, proponents have attempted several paths to same sex marriage. In 2004, 19 people filed a lawsuit seeking to overturn the 1973 statute that defines marriage as the union of a man and a woman. Maryland's highest court denied the claim in 2007. Recently, lawmakers voted to provide hospital visitation rights to gay couples and exempt some property transfer taxes for domestic partners. Democratic Attorney General Douglas F. Gansler issued an opinion in 2010 that the state should recognize same sex marriages performed in jurisdictions where it is legal. Though opponents of gay marriage criticized his conclusion, Republicans did not field a candidate against him in November. Equality Maryland, the state's most visible gay advocacy organization, took an active role in the campaign last year, appealing to Democratic candidates to declare their positions on same-sex marriage During the Senate debate, Equality Maryland delivered Valentine's Day carnations to lawmakers. They believed that Maryland would follow neighbouring District of Columbia, which began issuing marriage licenses to gay couples in 2010. Marriage equality activists had not thought they would need a legislative strategy for 2012, after the Senate voted 25-21 to approve the bill, the Senate regarded as more conservative than the House. For supporters, every indication suggested victory. Senator James Brochin (Democrat- Baltimore County) who had actively campaigned against same sex marriage became a supporter after being disgusted by the hateful remarks by opponents, and he was joined by a Republican, Senator Allan H. Kittleman, who had stepped down as minority leader over the issue. Senator Jamie Raskin (Democrat-Montgomery County) says he sees evidence of a hopeful philosophical shift in the legislature. The Senate gained two Democrats last fall while the House lost six. On Monday, the upper chamber is expected to approve a bill that would allow illegal immigrants to qualify for in-state tuition at the state's public colleges and universities. The House has not given even preliminary committee approval to the measure this year. Raskin said that "It may be that we are moving into a period of the Senate being the more progressive body."